HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Petition for Order Nisi

Court Documents | 6180/08 | 10.7.2008

HaMoked's petition in the matter of a Palestinian, born in Hebron, and his son, who wish to return to their home in the Gaza Strip, where the rest of the family – the mother and a young girl – reside. After over a year in which Israel gave no response to his appeals, the petitioner was informed that his passage would be approved on the condition that he submit a written undertaking never to return to the West Bank. The petitioners claim that, beyond the injury to the petitioners' right to family life and the children's right to be with their parents, Israel is also violating its obligation to consider the West Bank and Gaza Strip a single Palestinian territorial unit, whose residents are entitled to choose their place of residence and move within it as they please.

HaMoked petitions the HCJ in the matter of a father and his young son who wish to return home to the Gaza Strip where the wife and baby daughter are located, after Israel stipulated passage would be allowed only upon the father undertaking never to return to the West Bank: HaMoked objects to the new policy whereby Israel abuses the distress of Palestinian families who are split between the Gaza...

The Court ordered the military to pay the expenses of the Petitioners, a father and his young son, who requested passage from the West Bank to the Gaza Strip: the Court was not convinced by the military's claim that it had retracted the stipulation it had made for reasons unrelated to the petition – that the petitioners undertake never to return to the West Bank

Israel publishes a procedure for processing applications for passage from the Gaza Strip to the West Bank: The new procedure essentially puts an end to the passage of Palestinians from the Gaza Strip to the West Bank. Through the procedure, Israel explicitly declares that Palestinians whose registered address is in Gaza have no right to be or live in the West Bank